Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Avaster (as defined below).

1. General

These Terms apply to all Service users, including but not limited to sellers, purchasers, merchants, and suppliers of content, information, and other items. If you are engaging into this agreement for and on behalf of a business entity, the word "you" throughout this agreement refers to the business entity on whose behalf you are using the Services, unless the context indicates otherwise.

These Terms are between you and Avaster Pte Ltd, or between you and another service provider named for a specific Service. In these Terms, "Avaster" refers to Avaster Pte Ltd and its subsidiaries.

By using the Services in any way, including but not limited to viewing or browsing the Services, you agree to follow and be bound by these Terms, as well as any other terms and conditions and policies linked herein and/or available by hyperlink.

Avaster reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

2. Use of the Services

Subject to your compliance with these Terms, Avaster grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

• Upload or communicate content that violates another party's publicity, privacy, copyright, trademark, or intellectual property rights.

• Violate the Services' integrity or performance by copying, decompiling, reverse engineering, disassembling, attempting to extract source code, decrypting, or interfering with them.

• Modify, adapt, modify, enhance, translate, or create derivative works from the Services.

• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Avaster.

• Violate any applicable laws, rules or regulations in connection with your access or use of the Services.

• Use the Services in violation of or to circumvent any sanctions or embargo.

• Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Avaster or its affiliates, partners, suppliers or licensors.

• Use the Services for any purpose for which it is not designed or intended.

• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Avaster.

• Use any proprietary information or interfaces of Avaster or any other intellectual property of Avaster in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.

• Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, inflammatory, deceptive, fraudulent, tortious, profane, invasive of another person’s privacy, or sensitive as to race, religion or gender, threatening, of an indecent, obscene or menacing character, blasphemous or otherwise offensive to any individual or group.

• Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.

• Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

• Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.

• Collect information about other users without their consent.

• Commit any act to avoid paying any applicable fees and/or charges.

• Abuse or improperly exploit any promotion, campaign, or discount codes provided through the Services. Such acts and actions include, but are not limited to, creating fraudulent or duplicate accounts, placing phony orders, and purchasing and reselling your own merchandise.

• Use the Services to misrepresent your listing(s) as part of an Avaster program.

• Authorise or encourage anyone to do any of the foregoing.

Avaster reserves the right to reclaim any cashbacks, prizes, and/or amounts paid to you under any event, promotion, offers, campaign, or other activity, as well as to terminate or suspend your account, if you are subsequently found or suspected of engaging in any activity or act that violates these Terms, our guidelines, any additional terms and conditions and policies.

3. Account

You would need to have an account with Avaster (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.

• If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.

• You are capable of enter and fulfil legally binding contracts under applicable law.

• All information which you provide is accurate, up to date, truthful and complete.

• responsible for all activities and transactions under your Account

• Keep your account information up to date at all times.

• keep your login credentials secured.

• not to create multiple accounts, lend, transfer or sell your Account or user ID to another party.

• must not use another user's Account without their permission.

• Comply with all Avaster prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the content created.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

Avaster reserves the right to suspend or terminate your Accounts and/or deny or restrict your access or that of any person to the Services at any time, without advance notice to you.​

Avaster reserves the right to close any User Account if we believe that the user of the User Account is using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Singapore user pretends to be a Singapore user, or disrupts the smooth operation of this Services in any way or disrupts or annoys other users of this Services.

Avaster reserves the right to treat multiple accounts set up by or on behalf of the same user, whether authorized by Avaster or not, as a single account. This includes the right to consolidate the funds held in multiple accounts and debit any such account to satisfy debts, payments, and refunds under any other account held by you or on your behalf. For instance, if you engage in a prohibited transaction using one of your multiple accounts, Avaster may use the funds in that account and/or any of your other accounts to reimburse a buyer up to the amount equivalent to the monies the buyer paid in connection with that prohibited transaction.

4. Subscriptions, Fees and Payments

You may be charged subscription fees, review migration fee, listing fees, listing quota fees (collectively referred to as the "Fees") for the use of certain Services.

In addition, you may also claim, redeem and/or purchase subscriptions for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time. Any such purchases shall be in accordance with Avaster’s prevailing subscription rules and fees.

Based on the type and number of listings you post and any additional services you request for your account or listing, you may incur subscription fees, listing fees, quota fees, review migration fees for Avaster Coins, and other charges related to your account or listing (collectively referred to as 'Avaster Fees')."

You may pay your Avaster Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your Avaster Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

You acknowledge and agree that:

• in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be successfully debited. In the event of an unsuccessful payment, your Avaster Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
  
  If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to finance@Avaster.com at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of CC details” at the subject header;
  
  except as set out in this Clause, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Avaster Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
  
  You shall make prompt payment of all Avaster Fees, in full before the due date stipulated by Avaster for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Avaster, without prejudice to any other rights or remedies available to us, Avaster shall be entitled to:

  1. terminate and/or suspend your Account and/or your access to the Services; and/or

  2. charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Avaster Fees and any legal fees and collection costs incurred by Avaster in collecting any past due amounts. This fee will be applied on the day after the payment due date and will apply each month until the overdue amount is paid;
     
     

• If your account gets suspended or terminated for any reason, any outstanding balances will be due immediately. Avaster reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using, as well as to cancel your Account, without prejudice to any other rights or remedies available to us; and
  

• You are responsible for collecting and paying any taxes related to using and selling through the Services. Depending on your country of residence's tax legislation, goods and services tax or similar consumption tax may be levied in addition to the fees.

  
  

5 Listing Fees & Quota

You may be limited to a maximum number of active listings you can publish on your account. Any additional listing quota is subject to further subscription with a fee in accordance with Avaster’s prevailing fees, rules, and charges. You may purchase additional listing quota to increase the number of listings on your account

You acknowledge and agree that:

• Avaster does not represent or warrant that any Avaster Fees paid or payable will lead to a like, offer, chat, quality lead and by extension, sale;

• The consumption rate and expiry date set out in your account shall serve as conclusive evidence of the consumption and expiry date of your listing quota.

• Avaster reserves the right to correct the balance of your listing quota if we believe that an error has occurred.

• Listing quotas after upgrades will be subject to the prevailing listing rules.

• No refunds will be issued for unused listings.

• All fees and/or charges paid by you to us for any listing fee, listing quota, listing insertions and listing view quota such as Custom Quota, non-refundable; and

• There will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

6. Avaster as a Platform

The Services provide a platform for users to interact with each other, and to buy and sell items. Avaster does not pre-screen a user or the listing and its content, nor is Avaster directly involved in transactions between users.

Consequently, Avaster has no control over, and you agree that Avaster is not responsible or liable for, any of the following:

• The quality, safety, morality, legality or authenticity of any aspect of the items advertised and/or listed,

• The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

• The true identity, age, nationality, or sense of humour of a user.

• Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item or postings which a user has put up.

You are strongly encouraged to exercise good judgment when communicating with other users before committing to a transaction and making any payment. While Avaster endeavors to keep the platform safe and low risk, your interactions with other users are entirely at your own risk.

7. Content

The Services allow users to create listings and/or share, post and/or communicate content, such as photos, videos, comments, data, text, links, product description, product specification and/or other information (“Content”).

You retain ownership of the Content that you upload or share on the Services, but you grant Avaster a worldwide, fully-paid, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute such Content (subject to Avaster's Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services, as well as researching and developing new products and services.

You acknowledge and agree that you are completely responsible for the Content that you publish or distribute on or via the Services, and that any loss or damage incurred as a consequence of such Content is entirely your responsibility.

You acknowledge that Avaster does not pre-screen Content uploaded by users. Avaster shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Avaster shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

• If the Content violates the Terms.

• If Avaster receives a complaint or notification of infringement regarding the content.

• If the content is otherwise undesirable.

Avaster may also block Content and communication (including, without limitation, feedback, posts, messages, and/or chats) to or from the Services in order to safeguard the Services or users, or to otherwise enforce these Terms.

Avaster is a multi-category classified and recommerce platform where users can buy and sell with simplicity. As a result, a range of variables impact the appearance or placement of listings in search and browse results, including, but not limited to:

• Search keywords, browsing history, and site activity;

• Listing type, price, delivery choices, and relevancy to the user's query;

• Seller profile, including ratings and adherence to Avaster's policy and guidelines; and

• Number of listings matching the search.

8. Selling and Buying on Avaster

In using the Services to create a listing and offer an item for sale, publish a job opportunity, or offer a service (as applicable), you agree to the following:

All items must comply with these Terms and Avaster's policies.

• Our listing policy applies to all categories excluding Property, Autos, Jobs, and Services.

• You must include a fair, accurate, and thorough description of each item, including the price’

• All listing must be listed in the appropriate category.

• All listing must comply with all applicable laws and regulations.

• List each item, job position, or service offer separately.

• your item listing may include text, descriptions, graphics, and photographs. All content in a listing must be true, comprehensive, and accurate, with no misleading information.

• Links in your listing should point to your personal or corporate website, not third-party websites.

• List all items, job openings, and service offers in the appropriate category. All Singapore job postings must follow the Ministry of Manpower of Singapore's Tripartite Guidelines on Fair Employment Practices and the Tripartite Guidelines on Non-Discriminatory Job Advertisements (as amended or updated).

• List all items, job openings, and service offers in the appropriate category. All job postings have to comply to all applicable laws, regulations, guidelines, or policies, as well as any notices, guidelines, or policies issued by Singapore's Ministry of Manpower, including the Tripartite Guidelines on Fair Employment Practices and the Tripartite Guidelines on Non-Discriminatory Job Advertisements (as amended or updated).

• When including a specific attribute ("Specific Attribute") in a job listing, ensure it is a reasonable requirement for the job and not discriminatory. In your job listing, you must explain why the Specific Attribute is required.

• All Property listings must comply to all applicable laws, regulations, standards, and policies, including those established by the Council for Estate Agencies ("CEA"), such as the Practice standards on Ethical Advertising and the Code of Ethics & Professional Client Care. It is an offense for any individual to conduct estate agency services without a proper registration.

You acknowledge and agree that Avaster has no control over any website other than the Avaster website and shall not be held responsible or liable for any expired job listing that appears on any other website or is retrieved by any search engine.

Without prejudice to the rest of these Terms and Avaster’s policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:

• You are the owner of the item, and the item is not stolen.

• The item is not counterfeit and does not violate any third party's copyright, patent, trademark, trade secret, or other intellectual property rights.

• The item is sold in compliance with every relevant regulation and rule.

• The item is not considered unsafe, hazardous, or recalled by the government or manufacturer.

• Job listings should include clear, objective, and relevant selection criteria that should not include age, race, language, gender, marital status, or religion, unless it is a Specific Attribute.

• Listing content must not violate laws, regulations, or third-party intellectual property or proprietary rights.

All offers made and accepted via the Services are binding.

If you are a seller who has accepted a buyer’s offer for an item:

• You agree to send the item or complete the transaction promptly unless there is an exceptional circumstance, such as the buyer failing to meet the terms of your listing (e.g. payment method) or you cannot authenticate the buyer's identity.

• Charge reasonable shipping and handling fees to cover costs of packaging and mailing. However, you cannot charge excessive shipping fees or otherwise avoid fees.

• Do not change the item's pricing after the transaction or misrepresent the pickup location and item’s price.

If you are a buyer whose offer for an item has been accepted by a seller, you undertake to make prompt payment to the seller for the item, unless there is an unusual scenario, such as you being unable to authenticate the seller's identity.

You may obtain personal information about a user by contacting with them through the Services for the purpose of offering or accepting a job listing and/or services, or purchasing or selling an item (each, a "Transaction"). Without the user's prior agreement, you may use such information only for the purpose of the Transaction.

Avaster is not involved in a Transaction between users, Avaster cannot guarantee that a user (whether as a buyer or seller) would follow through and finish the Transaction.

9. Payment Services Provider

You agree that Avaster may incorporate services from specific service providers, subcontractors, partners, and/or agents ("Payment Service Providers") into the Platform in order to offer the Payment Services. Payment Service Providers offer their payment processing services in accordance with the Additional Terms that they have agreed to. You agree to abide by these Additional Terms, as well as any other applicable Additional Terms, in order to use the Payment Services, as they may be updated from time to time by the Payment Service Providers.

To use the Payment Services, you must provide Avaster and/or its related corporations with accurate and complete information, including account information for at least one valid debit or credit card or a valid DBS PayLah! account via the Platform. Avaster and/or its related corporations use such information in accordance with the Privacy Policy, and you acknowledge and agree that we may use third-party service providers such as Stripe to process payments and manage the account information you have provided to us. You can add, delete, and edit the payment method account information you've provided directly through the Platform.

By providing the account information for a credit or debit card or DBS PayLah!, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

By selecting a specific payment method, you agree to the terms of service of the relevant processing partner and your financial institution. You will be responsible for any fees charged by such processing partners and/or your financial institution (if applicable) for the selected payment method.

You agree to allow Avaster and/or its related corporations to process Payment Services on your behalf, including but not limited to making, accepting, and refunding payments.

10. Prohibited Items

Without prejudice to the generality of Clause 8, You understand and agree you shall not use from using the Avaster Platform, Payment Services, and/or Shipping Services in connection with any illegal or unlawful activities, including counterfeiting, money laundering, and financing terrorism, as well as any content, business, or activities that violate the Guidelines and https://stripe.com/sg/prohibited-businesses (the "Prohibited Transactions").

You acknowledge and agree that all Prohibited Transactions will be considered null and void, and that Avaster and/or its affiliated companies may, at their sole discretion, take any reasonable and/or necessary measures to prevent you from using the Avaster Platform, Payment Services, and/or Shipping Services in connection with the Prohibited Transactions. These measures may include, but are not limited to:

(a) remove and/or require you to remove any content that is illegal, infringing, unlawful, or otherwise prohibited without giving you advance notice;

(b) access, preserve, and/or disclose your account information and content related to the Prohibited Transaction to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required by law, in accordance with a court order or a legitimate request by any governmental or regulatory authority having jurisdiction over Avaster;

(c) freeze and hold the funds in your balance if you are suspected of engaging in or found to have engaged in a Prohibited Transaction, until Avaster determines that the matter is resolved;

(d) take money out of your balance up to the amount of Buyer's Purchase Monies to reimburse a buyer in connection with a Prohibited Transaction without giving you prior notice;

(e) force you to give the buyer and/or Avaster (or its affiliated companies) a complete refund of the Buyer's Purchase Monies made in connection with a Prohibited Transaction.

you acknowledge that all sales and/or purchases made through Avaster under your account, including those you did not authorize, are your responsibility.

11. Avaster Coins

For purchase Avaster Coins, the additional terms and conditions outlined in Clause 12 will apply to you. You should read these additional terms and conditions carefully.

Avaster Pte Ltd, the holder of the Avaster Coins in Singapore, does not require the approval of the Monetary Authority of Singapore.

11.1 General Terms

a. Avaster Coins (“AC”) are a pre-payment for goods and services offered by Avaster Pte Ltd and/or its subsidiaries through the website https://Avaster.com and related domains and sub-domains, as amended or updated by us from time to time, and/or the Avaster mobile application software, including all its features and content, and the services that Avaster makes available on or through it, as well as any and all updates, upgrades, supplements, enhancements and Avaster reserves the rights to i)

• reject request to purchase Avaster Coins,

• Limit the use of any Avaster Coins; and/or

if we have reasonable grounds to believe that the use violates these Terms, is unauthorised, fraudulent, or otherwise unlawful. Without limiting the foregoing, Avaster shall have the following rights to withhold, suspended and forfeit the balance the Avaster Coins, there will be no refunds.

b. Avaster Coins can only be used in Singapore;

c. Avaster Coins are valid for one year (365 days) from purchase date, unless stated otherwise in the terms and conditions at the point of purchase or allocation,

whichever is applicable (the “AC Validity Period”). Avaster coin expiry date stated in your Account shall be conclusive evidence of the expiration date. The Avaster Coins will thereafter be deemed expired and cancelled instantly and without further notice. You agree that you will make no claim against Avaster for any expired Avaster Coins. There shall be any refund for expired Avaster Coins.

d. Avaster Coins cannot be resold and, except as required by law, are non-refundable, non-transferable, and cannot be exchanged, redeemed for cash, credit balance, or transferred for value under any circumstances. No refunds will be provided if: (i) your Account is suspended or terminated due to a breach of these Terms; or (ii) any Content is removed in compliance with these Terms.

e. Avaster reserves the right to rectify your Avaster Coin balance in the event that we suspect an error, including a clerical error. Avaster may also assign Avaster Coins to you at no cost ("Free Avaster Coins"), subject to any additional terms and conditions, at its discretion. Avaster reserves the right to withdraw, amend, and/or modify any portion of, or the entirety of, the terms and conditions of the Free Avaster Coins at any time, without prior notice or compensation in currency or kind.

f. You are responsible for all transactions that are conducted with your Avaster Coins, including those that are not authorized.

11.2 Purchase of Avaster Coins

Avaster Coins may be purchased through the Platform's payment methods, including Paynow, debit cards, and credit cards. Payment method may be updated from time to time.

By choosing a payment option, you accept the terms of service of the relevant processing partner and your financial institution. You are responsible for any fees imposed by such processing partners and/or your financial institution (where applicable) for the chosen payment method. Any personal information you supply to us in connection with the purchase of Avaster Coins will be held in accordance with Avaster's Privacy Policy, and by transacting, you consent to this arrangement. Furthermore, we have no control over the privacy practices or content of these websites or resources. It is important that you read the privacy policies of these third-party websites and resources to understand how they may use your information.

12. Disputes with users

Without prejudice, if you have a dispute with a user of our Services, you are encouraged to contact that user and try to resolve the situation amicably. If Avaster is notified of the issue, Avaster will make good faith efforts to resolve it, but is under no duty to do so. You agree to release Avaster and indemnify and keep Avaster harmless from and against any claims, demands, obligations, or damages originating from or in connection with your disputes with other users of our Services.

13. Intellectual Property

You acknowledge and agree that the Services, as well as all associated copyright, patents, trademarks, trade secrets, and other intellectual property rights, are and will be Avaster's property. Furthermore, you realize and agree that Avaster's intellectual property and proprietary and confidential information include the Services' source and object code, as well as its format, directories, queries, algorithms, structure, and organization. You are not granted any intellectual property rights in or to the Services that are not expressly granted in these Terms, and such rights are reserved and retained by Avaster.

The Services may use or feature third-party software licensed under open source or third-party conditions ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third-party licenses that apply to such Third Party Software, including, but not limited to, any applicable acknowledgements, license terms, and disclaimers. In the event of a discrepancy between these Terms and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses will govern your use of the applicable third-party software. In no event will the Services or their components be considered open source or publicly available software.

Avaster does not authorize you to use its trademarks in any advertising, publicity, or other commercial manner without its prior written approval, which may be denied for any or no reason.

14. Privacy

Your privacy is very important to us at Avaster, and we have provided the Avaster Privacy Policy, which is available here, to explain our privacy practices. Please review the Privacy Policy to learn how Avaster collects, uses, and discloses information collected and received from you.

15. Reporting Unauthorised Content

Avaster acknowledges and respects the intellectual property rights of the creators. We take a firm stand against counterfeit products and do not tolerate any form of intellectual property infringement. We are committed to maintaining our platform's integrity and providing our users with a safe and present experience. You can report the same to us report@avaster.com

Avaster reserves the right to remove or terminate your account and/or access to the Services if you are repeatedly complaints against you of intellectual property infringement and/or noncompliance with other applicable rules, laws, and/or regulations.

16. Suspension and Termination

You may deactivate your Account at any time from the "Settings" section of your Account.

Avaster reserves the right to, at its sole discretion, and without liability:

• suspend or terminate your account and/or access to the Services if you violate these Terms, our guidelines, without prior notice for any reason.

• Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.

• Suspend or terminate your Account and/or your access to the Services (in whole or in part) at any time, if you engage in verbal or written abuse against any Avaster user, employee, representative, or official.

• You understand and agree that if you deactivate your Account, or if we suspend or terminate it, you will lose all information associated with it, including Content. It is your responsibility to back up the Content that you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

17. No Warranty

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

Avaster does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Avaster’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Avaster is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from Avaster or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Avaster has no obligation to support or maintain the Services.

Avaster disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third-party content and services. Avaster is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

In addition, the Services may promote, advertise, or sponsor functions, events, offers, competitions, or other activities that may take place online or offline and are carried out by third parties. These activities may be subject to additional terms and conditions; participation in such activities is entirely at your own discretion and risk. Avaster accepts no responsibility for your involvement in any activity organized by another party.

18. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT IN THE EVENT OF A PROBLEM OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST THE TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE USE OF THE SERVICES.

IN NO EVENT SHALL AVASTER OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE AVASTER'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY AVASTER IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHEREVER APPLICABLE, THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE AVASTER COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-MENTIONED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms applies to or limits or excludes Avaster's liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit, or fraudulent misrepresentation; or (c) liability that cannot otherwise be limited or excluded under any applicable laws and regulations.

19. Indemnity

You will indemnify and hold harmless Avaster, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content and/or products; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any legal or statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

If any person ("Complainant") files a complaint with Avaster in relation to any products and/or the Content listed, made available, displayed, offered for sale and/or sold on the Avaster Platform and requests Avaster to take action against a user of our Services, the Complainant agrees to hold Avaster harmless and fully indemnify Avaster against any and all liabilities, losses, costs (including but not limited to legal costs), expenses, and damages of any nature whatsoever. The Complainant further agrees not to take any legal action or file any claims, complaints, or demands against Avaster in connection with such complaint.

20. Compatibility

Avaster does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Avaster and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

21. Miscellaneous

You and Avaster are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by Avaster to exercise a right or require performance of an obligation in these Terms shall not affect Avaster’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and Avaster and supersedes all prior or contemporaneous understandings and/or agreements between you and Avaster.

22. Governing Law and Jurisdiction

You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Last updated on 22 January 2025